IN THE CASE OF:
BOARD DATE: 19 February 2009
DOCKET NUMBER: AR20080015249
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his earlier request for award of the Purple Heart.
2. The applicant states, in effect, that it has always been his understanding that when substantiating evidence is vague or unattainable, due circumstances such as the St. Louis fire, the Department of the Army could rule in the veteran's favor based on facts that are known. It is a known fact that he served in hostile territory, battled with the enemy constantly and was awarded the Silver Star and Bronze Star Medal. Based on these facts it is reasonable to assume that he could have received shrapnel in his right eye even if he does not have a signed piece of paper showing it happened.
3. The applicant provides, in support of his application, copies of a medical examination (first page only), a letter from the Department of the Veterans Affairs (VA) and his DD Form 214 (Report of Separation from the Armed Forces of the United States).
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080003729, on 22 May 2008.
2. The letter from the VA, dated 14 July 2008, is new evidence that requires consideration by the Board. This letter states that the applicant was diagnosed with an eye condition that is service connected and rated 30 percent disabling by the VA. The letter does not provide any information concerning how, when, or under what specific circumstances the condition occurred.
3. The applicant's award of the Silver Star was listed in the original Board proceedings. Further review of the award citation failed to show that he received any wounds during the events surrounding his gallant action.
4. There is no evidence showing the applicant was awarded the Bronze Star Medal.
5. The applicant's service medical records are not available for review.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was wounded in action and should be awarded the Purple Heart.
2. There is no available evidence that substantiates the applicant's contention that he received an injury to his eye as a result of enemy action. Furthermore, there is no supporting evidence showing he received medical treatment for such an injury.
3. The applicants eye condition that is service connected and rated 30 percent disabling by the VA is not sufficient to show the proximate cause of his injury was enemy action.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
5. Regrettably, in view of the foregoing there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ __ X____ ___X ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20080003729, dated 22 May 2008.
_________ _ X________ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080015249
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